Raman vs State Of Kerala on 19 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 134 of 2009()


1. RAMAN, S/O. THAYAMBATTY,
                      ...  Petitioner
2. POONDAYIL VETHA @ CHERIYA BETHA,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.R.SUDHISH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :19/02/2009

 O R D E R
                       V. RAMKUMAR, J.
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                     Crl.R.P.No. 134 of 2009
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            Dated this the 19th day of February, 2009
                              ORDER

The petitioners, who were the sureties for the accused in

S.T.No.2105 of 2005 on the file of the J.F.C.M-I, Thamarassery

were proceeded against under Section 446 Cr.P.C consequent

on the non appearance of the accused in the above case. Since

the revision petitioners were unable to produce the accused, the

learned Magistrate imposed the bond amount of Rs.10,000/-

each as penalty as per order dated 30.11.07. On appeal

preferred by the revision petitioners before the Sessions Court,

Kozhikode as Crl.Appeal No.577 of 2008, the learned Sessions

Judge dismissed the appeal, consequent on the dismissal of the

petition to condone the delay Hence this Revision.

2. The petitioners have produced before this Court the

Death Certificate of the accused in S.T.No.2105 of 2005 which

shows that he was dead even before the date fixed for

appearance before the J.F.C.M-I, Thamarassery. If so, the

petitioner could not have produced the accused before the

Magistrate even if they were diligent. This court directed the

Registry to ascertain from the learned Magistrate whether the

accused in S.T.No.2105 of 2005 was reported to be dead. It has

Crl.R.P.No. 134 of 2009
2

been ascertained from the Magistrate that the accused was dead

on 28.7.07 as revealed by the Death Certificate. If so, the

imposition of penalty on the revision petitioners was

unwarranted. The impugned orders are set aside and

proceedings initiated as M.C.No.68 of 2007 in S.T.No.2105 of

2005 before the J.F.C.M-1, Thamarassery shall stand dropped.

This Crl.R.P.is disposed of as above.

Dated this the 19th day of February, 2009.

V. RAMKUMAR, JUDGE
sj